In a significant development in the long-running antitrust battle between Intel and the European Commission, the General Court of the European Union has upheld key elements of the 2023 Intel Decision. However, it reduced the associated fine by approximately $163 million. The ruling marks the latest chapter in a dispute that began more than 15 years ago over Intel’s conduct in the microprocessors market.
The General Court confirmed that the Commission was justified in imposing penalties on Intel for so-called naked restrictions. These restrictions pressured computer manufacturers such as HP, Acer, and Lenovo not to use processors from rival AMD. However, the Court concluded that the initial recalculated fine of €376.3 million overstated the gravity and duration of the infringement. Therefore, the revised penalty now stands at €237.1 million.
Background of the Intel Decision
The original case dates back to a 2009 Commission ruling, in which Intel was fined €1.06 billion for abusing its dominant position in the x86 microprocessor market. The ruling found that Intel had engaged in exclusionary practices designed to block AMD from gaining market share. Portions of the 2009 finding were later annulled during years of appeals and referrals. This led the Commission to issue a new, narrower Intel Decision in 2023. This updated ruling focused solely on practices that had survived earlier judicial scrutiny. Specifically, it addressed the naked restrictions.
Intel responded by challenging the new Intel Decision, arguing that procedural and substantive errors warranted its annulment. The company also sought to eliminate or lower the fine, while the Commission called for the dismissal of Intel’s action.
In its judgment, the General Court found that the Commission had full authority to issue penalties related to the remaining aspects of the infringement. Because the existence of the naked restrictions had been definitively confirmed in previous judgments, the Commission did not need to re-prove its jurisdiction or define a new violation. The General Court also rejected Intel’s claims that the reasoning behind the 2023 Intel Decision was inadequate or that the Commission had violated its rights of defence.
The Court noted that Intel was fully aware of the procedural background. It also stated that the Commission had clearly explained the methodology for recalculating the fine. It further confirmed that Intel’s dominant market position and the anticompetitive nature of the restrictions justified a substantial penalty. According to the Court, the naked restrictions were part of a broader strategy aimed at excluding AMD from the market.
Why the Fine Was Reduced
Despite upholding the Intel Decision, the Court exercised its unlimited jurisdiction to reassess the fine. It concluded that two factors merited a reduction: the relatively small number of computers affected by the restrictions, and a 12-month gap between certain anticompetitive practices. As a result, the fine was adjusted downward to €237,105,540. This figure, the Court considers, is more proportionate to the infringement’s scale.
What Comes Next for the Intel Decision
Intel and the Commission now have the option to appeal the ruling on points of law before the Court of Justice of the European Union. Any such appeal must be filed within two months and ten days of notification. The final outcome of the Intel Decision saga therefore may still evolve. It continues a landmark legal case that has shaped EU competition enforcement for more than a decade.
Source: https://curia.europa.eu/jcms/upload/docs/application/pdf/2025-12/cp250153en.pdf
